(A) (1) Any failure by any person to meet and comply at all times with the provisions of §§ 51.055 through 51.064 or any applicable permit issued pursuant to §§ 51.080 through 51.082, or any
misrepresentation or failure to fully disclose all relevant facts in any application for permit shall constitute a violation of this chapter and the Town Manager is, if he or she determines that the violation constitutes an immediate danger to the operation or maintenance of the sanitary sewer system or water treatment plant, or if he or she determines that the violation cannot be cured within what he or she deems to be a reasonable time, authorized immediately upon written notification mailed or delivered to the person to terminate or suspend that person’s right to further discharge into the sanitary sewer system pending implementation of steps necessary to achieve compliance.
(2) In the event the Town Manager determines that the violation does not constitute an immediate danger to the operation or maintenance of the sanitary sewer system or waste treatment plant and that the non-conformance can be cured within a reasonable time, he or she shall inform the affected person or permittee by written notice of the violation and provide what he or she, in the exercise of his or her judgment, deems to be a reasonable period of time to achieve compliance.
(3) If compliance is not achieved within the time specified by the Town Manager, he or she is authorized to assert any or all remedies afforded herein for non-compliance.
(B) Discharges into the town’s sewer system following termination, suspension or expiration of any person’s rights by the Town Manager as provided herein are unlawful and in the event of unlawful discharge, the Town Manager is authorized to:
(1) Discontinue water service by the town to that person’s facility;
(2) Disconnect that person’s connection to the town’s sewer system; or
(3) Take other remedies as may be available at law or equity to prevent the unlawful discharge and otherwise enforce this chapter and the provisions of any applicable permit.
(C) Any person violating any of the provisions of this chapter shall be liable to the town for any expense, loss or damage occasioned the town by reason of the violation.
(D) (1) The foregoing remedies are cumulative and not exclusive and the exercise of one or more shall not preclude the exercise of any other remedy at a subsequent time.
(2) In addition, the failure to exercise any remedy or other indulgence or extension of time of whatever nature or duration granted by the town in the event of violation shall in no event constitute a waiver or the right to exercise any or all of the remedies and any or all of the remedies may be exercised at any time.
(1988 Code, § 51.065) (Ord. passed 12-7-1976; Am. Ord. passed 5-1-1979)